The California Divorce Process, Step by Step

January 6, 2020January 22, 2020
by Angie

The California divorce process, step by step, includes nine major components:

Preparing paperwork to file
Filing
Serving divorce papers
Responding to the divorce
Temporary orders
Financial disclosures
Discovery
Settlement
Trial

The California Divorce Process, Step by Step

While no two divorces are exactly alike, most California divorces follow the same series of events. Every step requires you, your spouse or your attorney to take different actions, so here’s a closer look at each.

#1. Preparing paperwork to file

For most people, the best choice is to work with a Stockton divorce attorney who can provide legal advice every step of the way. Preparing paperwork to file for divorce can be complicated, and you’ll need to gather up several pieces of documentation. You need:

Birth certificates	Pay stubs	Tax returns	Mortgage statements
Retirement account statements	Credit card bills and statements	Insurance policies and other documents	Other personal or financial documents, which your attorney can explain to you

#2. Filing

When your attorney has completed the summons and petition for your divorce, she’ll file it with the court system. If you have children from your current relationship, she’ll also file a special form that outlines their residences over the past 5 years.

#3. Serving divorce papers

Serving divorce papers simply means that you’re notifying your spouse that you’ve filed for divorce. (If your spouse has already filed, there’s a good chance that you’ve been served with divorce papers.) Your attorney will handle this part for you.

#4. Responding to the divorce

Your spouse will have a chance to respond to the divorce paperwork you filed – or, if your spouse filed, you’ll have a chance to respond. If the person who receives the papers doesn’t respond within 30 days, the divorce can move forward without his or her input.

#5. Temporary orders

Sometimes temporary orders are necessary. They’re orders the judge in your case makes, which are good until the divorce is final; sometimes these orders become permanent. Judges often issue temporary orders for things like:

Child custody
Child support
Spousal support
Exclusive use of property (for your home or other property)
Payment of attorney’s fees

Either party can ask the judge to create a temporary order during the divorce proceedings.

#6. Financial disclosures

You and your spouse are required to disclose your financial situations to the court during the divorce process. Because California is a community property state, and because some property is considered separate property (meaning that it belongs to only one of you), the courts need an accurate picture of your situation. You’ll have to provide documentation to back up your claims, which can include:

W-2s
Check stubs
Bank statements
Federal and state income tax returns
Titles and deeds
Retirement account statements
Credit card statements
Insurance policies

You may need other documentation as well. Your attorney will explain what you need.

#7. Discovery

Discovery is the legal method of getting the information you need from your spouse during the California divorce process. Your attorney will file a formal legal request and may ask your spouse to answer written questions – and your spouse will have to admit or deny the truth of a statement under penalty of perjury. Your attorney may also want to depose your spouse, which means he or she will have to give oral testimony under penalty of perjury.

#8. Settlement

You and your spouse will reach a settlement (you can reach a settlement without Step 7 if you both agree that you’ve provided all the necessary documentation) at some point during your divorce process. The settlement is the result of a give-and-take negotiation where you and your spouse find common ground on things like property division and child custody. Your settlement agreement will also include information on:

Child custody and visitation
Child and spousal support
Property division
How you’ll handle your debts
Your new marital status and, in some cases, a name change for one party

#9. Trial

Not all divorce cases end in a trial. In fact, you only have to go to trial if all your other settlement options have failed. Either you or your spouse can request a trial, but in some cases, the judge will set one even if neither of you asks.

The best way to keep your divorce out of court (other than to get a judge’s signature on your divorce paperwork) is to settle things with your spouse on your own. Trials can be time-consuming and expensive, and if you go to trial, your divorce will take much longer than it would if you settled.

Do You Need to Talk to an Attorney About the California Divorce Process, Step by Step?

We’ve helped many people in Stockton, and we can help you, too. Call us at (209) 546-6246 to set up a consultation to talk about your case and get answers to all your questions, including those about child custody and child support, property division and more.

Divorce

How to File for Divorce: The Process

March 27, 2018January 17, 2019
by Angie

If you’re ready to end your marriage, you’re probably wondering how to file for divorce and how the whole process works.

So how do you file for divorce?

For most people, it makes sense to work with a lawyer who understands the ins and outs of California divorce law – including child custody, spousal support, and property division. First, you need to know that you don’t need to prove fault in a divorce, and your spouse doesn’t have to give you permission to divorce (or even agree with you that you should divorce).

To file for divorce, you must have lived in California for six months and in San Joaquin County for at least three months.

How to File for Divorce: The Process

You can start by talking to your attorney about what you expect from your divorce. She’ll ask you about:

Where your kids will be better off living
How much you and your soon-to-be ex-spouse make (to get an idea about child support and spousal support)
What kind of property and debt you and your spouse share

That’s the first step in filing for divorce. Formally, your attorney will file the appropriate forms with the court that start the official process. The forms she’ll have to fill out include a petition for divorce, as well as a property declaration and paperwork about child custody and visitation. Your attorney will make sure she has the correct information for these forms by speaking with you – you won’t have to fill them out yourself. Each of these forms has to be filed with the court clerk, who will take originals and give your attorney copies with a stamp that says “Filed.”

From there, you must tell your spouse you’ve started the legal process of divorce – but you don’t have to call him or her on the phone to do so. Instead, your attorney will arrange to have your spouse “served,” which means someone will give him or her the papers stating you’ve filed for divorce. You can’t be the person who gives the paperwork to your spouse; it must be a friend, relative, a county sheriff or a process server. If the papers can’t be served in person, they can be served by mail under very specific circumstances.

If you have children and child support will be a factor in your case, the appropriate forms also have to be filed with the local child support agency.

You have to wait 30 days for the other party to respond to the petition for divorce. Then, your lawyer can ask the court for temporary orders regarding child custody and visitation, child support, or spousal support.

Do You Need to Talk to a Lawyer About How to File for Divorce?

If you’re divorcing your spouse, you can let an attorney handle all the paperwork for you and answer all your questions about the process. Your lawyer can also refer you to a therapist, give you case-specific legal advice and more.

Call us at 209-910-9865 or contact us online to schedule an appointment with an attorney. We may be able to help you.

Tag: <span>How to File for Divorce</span>

The California Divorce Process, Step by Step

The California Divorce Process, Step by Step

#1. Preparing paperwork to file

#2. Filing

#3. Serving divorce papers

#4. Responding to the divorce

#5. Temporary orders

#6. Financial disclosures

#7. Discovery

#8. Settlement

#9. Trial

Do You Need to Talk to an Attorney About the California Divorce Process, Step by Step?

How to File for Divorce: The Process

How to File for Divorce: The Process

Do You Need to Talk to a Lawyer About How to File for Divorce?